M I N U T E S
The Village of Evendale
Special Council Meeting
August 16, 2005
The Village of Evendale held a Special Council Meeting at 7:00 on August 16, 2005. The meeting was called to order by Mayor Don Apking. Upon roll call, the following members were present: Mr. Chris Schaefer, Mrs. Carolyn Smiley-Robertson, Mr. Jeff Albrinck, Mr. Stiney Vonderhaar and Mr. Bill Puthoff, Jr. Mrs. Catherine Hartman was absent. Also present were: Village Engineer, James Jeffers; Village Solicitor, Tim Burke; and Village Clerk, Michelle Ficke.
Mayor Apking presented Ordinance #05-37, ORDINANCE APPROVING WATER MANAGEMENT AND SEDIMENTATION CONTROL PLANS FOR EVENDALE COMMONS BUSINESS PARK AND AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. Mrs. Smiley-Robertson had spoken to Mrs. Hartman. Mrs. Hartman was concerned about the brush that was to be cleared from an environmental perspective and wanted to protect some wildlife that is there. There was a paragraph sent to Planning Commission regarding the principals establishing the section that is to be fenced in to prevent the grading affecting it which is the floodway. The plan was to go in sometime later and mark different areas to be removed. That’s where Catherine’s concerns were. They learned there was a paragraph used to say how we should go about doing that but it seemed to be missing the
concerns that Councilmember Hartman expressed. She sent out some comments concerning what is missing from that and because it was a Planning Commission document we were referring it to PC to incorporate that into the principles that are to be used to clear the area.
Mrs. Smiley-Robertson said the map shows how much property is in the floodplain and why the grading needs to be done in the manor that is being proposed. Council did not see this and it would have been helpful to see it. We discussed communication and how we need to better communicate going forward with PC. She suggested to Jim Guthrie, PC Chairman, joint sessions for special presentations of Planning Commission and Council to facilitate communication.
Mayor Apking said we appoint committees for a reason and that Council has six different opinions and perspectives. He also stated that personal feelings should not play into the legal and legitimate business of the Village. It should not become a personal issue. It is a legal issue.
Mr. Schaefer said that the reason for Council Meetings is to have discussions. Mrs. Smiley-Robertson said that there is a difference when we have all the information to consider.
Mr. Schaefer said that Water Sedimentation Control ordinances are Council issues. And it would help if Council would receive more than just the ordinance to review when making decisions. Receiving and reviewing background materials would alleviate many of Council’s questions. Planning Commission had planned to report to Council on grading and it never happened.
Mayor Apking said that the ordinance does not address grading and he could not expect to understand the engineering involved.
Chris Schaefer stated that this ordinance deals with section 1466.04 of the Codified Ordinances which states that plans must be on file thirty to sixty days with the Clerk. The Plans were received July 29th. Mike Ricke, Anchor Properties, stated that the grading plans were submitted to Planning Commission two months ago. Mr. Schaefer said in the past they would add a sentence to the ordinance stating that Council waves the thirty day waiting period.
It was discussed that staff needs to work through the provisions of the codified ordinances. Carolyn Smiley-Robertson said that we need to discuss ways to improve communication. James Jeffers is to get binders with the plans in them to Council and the Village Clerk prior to the Special Council Meeting.
Mike Ricke said that Anchor cannot close on the property and proceed on the project until they have the water sedimentation control permit. Mayor Apking questioned why the plans were not received a month or two in advance. Mr. Ricke said that Planning Commission took action on the plans the Saturday before July 29th.
Mr. Vonderhaar had been recused from voting on the Anchor project, but inadvertently voted at the prior meeting to suspend the requirement for a second and third readings of Ordinance #05-37 at the August 11th meeting of Council. As a result the law director recommended that a new vote on suspension be taken. Mrs. Smiley-Robertson moved and Mr. Albrinck seconded a motion to suspend the requirement of additional readings. Council members Albrinck, Smiley-Robertson, Puthoff, and Schaefer voted in favor. However, because Mr. Vonderhaar’s recusal counted as a no vote, the motion failed to receive the required three-fourths vote and failed. Mayor Apking declared this to be the Second Reading of Ordinance #05-37.
Mayor Apking called another Special Meeting to address Ordinance #05-37 on Tuesday, August 23, 2005 at 7:00 pm since Mrs. Hartman did not show up for this meeting and Council was unable to vote. Council will vote on the emergency clause and whether or not to adopt Ordinance #05-37 at their Special Council Meeting on August 23rd.
A motion to adjourn was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved. Council adjourned at 7:55 pm.
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Mayor
Attest:
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Village Clerk
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